Franks Inv. Co. LLC v. Union Pacific R. Co.
593 F.3d 404
5th Cir.
2009
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Docket

FRANKS INVESTMENT COMPANY LLC v. UNION PACIFIC RAILROAD CO

No. 08-30236

United States Court of Appeals, Fifth Circuit

March 11, 2009

593 F.3d 404

Appeal from the United States District Court for the Western District of Louisiana

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion July 3, 2008, 5 Cir., 2008, )

(March 11, 2009)

BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.1

BY THE COURT:

A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

Notes

1
Judges Wiener and Dennis are recused in this case and did not participate in this decision.